What Happens to Digital Assets, in Plain English
November 3, 2026 5 min read
Email accounts, photo libraries, online banking, social media profiles, cloud storage, and even airline miles now make up part of what many people leave behind. Many Arizona families explore how these digital assets fit into an estate plan, because unlike a house or a car, they often sit behind passwords and company terms of service that a family may not know about.
This article is general information only and is not legal advice. Every situation is different, and a licensed attorney can explain how the rules apply to yours.
What "digital assets" means
Digital assets is a broad phrase for property and records that exist electronically. People usually sort them into a few loose groups:
- Accounts with money or value, such as online-only bank accounts, payment apps, brokerage logins, rewards points, or cryptocurrency.
- Personal records and memories, such as email, photos and videos in cloud storage, documents, and text message backups.
- Social and public profiles, such as social media pages, blogs, or a small business website.
- Business and creative items, such as domain names, online store accounts, digital art, or royalties tied to online platforms.
Some of these have clear financial value. Others matter mostly for sentimental reasons, like a parent's photo archive. Both kinds can be hard for a family to find or reach without some planning.
Why digital assets are different from other property
With a physical item, a family can usually see that it exists. Digital assets are often invisible. A loved one may not know which accounts exist, which email address was used, or whether two-factor codes go to a phone that is now locked.
There is also the question of access versus ownership. Many online services treat an account as a license governed by their terms of service, not as property that simply passes to heirs. Companies may also have their own procedures for what happens when a user dies, and those procedures vary widely. Some offer a memorial setting, some allow a designated contact, and some require court documents before releasing anything.
Many states, including Arizona, have adopted laws addressing when a fiduciary, such as a personal representative or trustee, may access a person's digital accounts and records. The details of those laws, and how they interact with each company's own tools, are a good topic to review with a licensed attorney rather than assume.
How people compare their options
When families look into planning for digital assets, they often weigh a few approaches, sometimes together:
Using built-in account tools. Several large technology companies offer settings that let a user name someone to receive access or decide what happens to an account after a period of inactivity. People like these because they are free and tied directly to the account. The tradeoff is that each one has to be set up separately, and they only cover that one company.
Mentioning digital assets in estate documents. Some people choose to address digital assets and the authority of their personal representative or trustee in their will, trust, or power of attorney. This can give a fiduciary clearer authority, though documents generally should not contain actual passwords, since a will can become part of a public court record.
Keeping a separate inventory. Many people keep a list of accounts, what each is for, and where to find login information, stored somewhere secure and updated over time. Others use a password manager that offers an emergency access feature.
Deciding what should be deleted. Not everything needs to be passed on. Some people make a point of noting which accounts they would like closed or memorialized, and which files they would prefer stay private.
Each approach has strengths and gaps, which is why many families combine more than one.
Common practices families use
While every plan looks different, a few habits come up often in conversations about digital assets:
- Making a simple inventory of accounts, devices, and where important files live, without writing passwords directly into legal documents.
- Checking whether major accounts, such as email and photo storage, offer a legacy or inactive-account setting.
- Thinking about cryptocurrency or other assets that may be lost permanently if keys or recovery phrases cannot be found.
- Considering who is comfortable with technology and trusted with private information, which may or may not be the same person named for other roles.
- Reviewing the list once a year or after major life changes, such as a new phone, a new bank, or a closed business.
- Keeping copies of meaningful photos and documents somewhere the family can reach, rather than only on a single device.
These practices are about organization as much as law. A well-organized list can save a family weeks of guessing, even when formal legal steps are still needed.
Why it matters
When digital assets are not planned for, families can run into real frustration. Accounts with money in them may go unclaimed. Bills on autopay may keep charging a card. Photos and messages a family would treasure may be locked away or deleted when an account closes for inactivity. A social media profile may stay active in a way that is painful for relatives to see.
There is also the practical side for whoever handles the estate. A personal representative or trustee is often expected to locate and manage a person's property, and online accounts are increasingly part of that job. Without a list or clear authority, that work can take much longer.
Planning for digital assets does not have to be complicated. For many people, it starts with knowing what exists and writing it down. From there, many families find it helpful to talk with a licensed attorney about how digital assets fit with their will, trust, or power of attorney under Arizona law.
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First published: November 3, 2026 | Easy Wills N Trusts • Phoenix, Arizona